People v. Hayes

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2021 IL App (1st) 190881
Decision Date: 
Monday, December 6, 2021
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Reversed and remanded with directions.
Justice: 
HYMAN

Defendant was convicted, after jury trial, of 1st degree murder. Defendant raised an arguable claim, in his postconviction petition, that trial counsel was ineffective for failing to investigate or call an expert witness to opine on the weaknesses in eyewitness testimony that would not be apparent from cross-examination. It is arguable that an expert on eyewitness identifications could have undermined the credibility of the six eyewitnesses to the extent that a reasonable probability exists for a different outcome. (PUCINSKI and WALKER, concurring.)